Monday, 25 November 2013

Selangor residents are NOT legally bound by the Sultan’s latest decree
banning non-Muslims from using “Allah” in the state as the ruler’s
powers in Islamic matters were ceremonial, SEVERAL LAWYERS have said.

The Selangor Sultan renewed his decree last Thursday that the Arabic
word for God be barred to non-Muslims in the country’s most developed
state, including in the Malay-language Christian bible, the Al-Kitab,
and in the Catholic weekly, the Herald.

NIZAM BASHIR, who is
both a constitutional and syariah lawyer, added that Sultan Sharafuddin
Idris Shah’s decree, which impinges on non-Muslims’ right to freedom of
expression relating to their god, was unconstitutional as Article 10 (2)
of the Federal Constitution states that only Parliament can restrict
such freedoms.

Nizam told The Malay Mail Online yesterday:

“The decree is not legally binding. The sultan has purely ceremonial
powers where Islam is concerned. When you talk about usage of the word
‘Allah’, it is a form of expression. It is for that reason I take the
view that that power does not belong to the Sultan, but it is a power
that belongs to Parliament alone.

"“I personally don’t take the
view that when a non-Muslim uses the word ‘Allah’, it is, in the sense,
propagation. On two scores, i.e. on Article 10(2) and 11(4), there’s no
basis for the so-called restraint being imposed on non-Muslims.

“I’d even go further and say that from a theological perspective and
from a historical perspective, ‘Allah’ the word predates the coming of
Islam. There is no prohibition in the Quran for non-Muslims using the
word ‘Allah’.”

The decree by the Sultan, who is the head of
Islam in the state, came after a discussion with the Selangor Royal
Council, where it was decided that Selangor citizens should abide by the
Selangor Non-Islamic Religions (Control of Propagation Among Muslims)
Enactment 1988, which is enforceable regardless of one’s religion.

The 1988 state law, which was passed by the then Barisan Nasional
government, prohibits non-Muslims from using 35 Arabic words and phrases
in their faith, including “Allah”, “Nabi” (prophet), “Injil” (gospel)
and “Insya’Allah” (God willing).

Nizam questioned the validity
of the ban in the state law, which was premised on Article 11(4) of the
Federal Constitution that ALLOWS state and federal laws to restrict the
propagation of other religious doctrines among Muslims.

He also
said that the Selangor state law could be challenged in court on its
constitutionality and legality, pointing out that fundamental liberties
“reign supreme” in the secular country, above both federal and Islamic
laws.

“The Che Omar Che Soh case basically says that Malaysia
is a secular state...The reason why it’s a secular state is that
fundamental liberties triumphs over everything else,” said Nizam,
referring to the 1988 landmark case where then Lord President Tun Salleh
Abas ruled that Malaysian laws are secular and not Islamic.

Former de facto law minister Datuk Zaid Ibrahim said yesterday, however,
that the royal decree could not be applicable to non-Muslims and noted
that according to the Federal Constitution, only Muslims can be governed
by syariah laws.

He also said it was not treason for
non-Muslims to disobey the Selangor Sultan’s decree, as claimed by
Islamist group Ikatan Muslimin Malaysia (ISMA).

“Not following the royal decree is NOT treason,” Datuk Zaid Ibrahim told The Malay Mail Online.

Muslim hardliners here have insisted it would be treasonous to ignore
the Selangor Sultan’s “Allah” decree but a former Umno law minister
believes otherwise, and even doubts that the ruler’s order is legally
binding on non-Muslims.

Datuk Zaid Ibrahim, a known critic of
groups like Ikatan Muslimin Malaysia (ISMA) and Perkasa, said an act of
treason typically means leading a rebellion against the Yang di-Pertuan
Agong or any state ruler, for whatever reason.

“There is a
specific definition under the Penal Code for treason: if you lead an
armed rebellion against the King or Sultan, then that’s treason.

He added that Sultan Sharafuddin Idris Shah’s blanket ban on the use of
“Allah” in the state may NOT apply to NON-Muslims as Islamic laws or
religious edicts are only legally binding on Muslims.

Zaid also
questioned if a royal decree is considered a law and argued that even
if this was the case, the order CONTRAVENES the Federal Constitution,
which states that NON-Muslims CANNOT be bound by any Islamic laws.

ISMA yesterday claimed that non-Muslims would be committing treason if
they dared to disobey the Selangor Sultan’s decree banning their use of
“Allah”, in apparent warning against attempts to challenge the exclusive
right of Muslims to use the Arabic term for God. ISMA deputy president
Aminuddin Yahaya said the blanket ban by Sultan Sharafuddin Idris Shah
must be respected by all Selangor folk in light of his position as the
state’s ruler and highest religious authority.

But Zaid said it must first be established if the decree is binding.

“Is the decree law? Even if it is law, it cannot be applicable on
non-Muslims. HOW CAN YOU MAKE AN ISLAMIC LAW AND APPLY IT TO NON
MUSLIMS? he said.

ZAID'S TWITTER MESSAGE TO ISMA

The maverick politician had taken to Twitter yesterday to scoff at
ISMA’s claim, even openly telling the Islamist group not to be bullies.

“ISMA dont bully people la. Its not treason not to follow decree,” he had said in a posting.

He earned a reply from renowned lawyer and human rights activist Datuk
Ambiga Sreenavasan who tweeted, “@zaidibrahim There is a new extremist
kid on the block. There seems to be a highly organised plot to irritate
us on a daily basis.”

SELANGOR SULTAN'S DECREE MUDDLES FURTHER THE ALLAH ISSUE

Sultan Sharafuddin Idris Shah had on Thursday renewed his decree
barring the Arabic word for God to all non-Muslims in the country’s
wealthiest state and for an immediate stop to usage in the Malay
language Bible al-Kitab and the Catholic weekly, Herald, in a move set
to complicate Putrajaya’s bid to calm east Malaysian unease over the
religious row.

The decree is also set to revive a longstanding
and confusing debate on the jurisdiction overlap between the country’s
civil and syariah legal system.

In Selangor’s case, the
Sultan’s decree could be binding as the Selangor Non-Islamic Religion
(Control of Propagation Among Muslims) Enactment 1988 applies to every
religion or race.

But as Zaid pointed out, the Federal Constitution states that ONLY Muslims can be governed by syariah laws.

Asked if this meant that non-Muslims in Selangor should ignore the decree, Zaid refused comment but said:

“All I’m saying is that even if the decree is law, it cannot be
applicable to NON-Muslims. If that is the state law then it is against
the Constitution. Because it is state law doesn’t mean it can’t be
challenged”.

With the Sultan’s decree that non-Muslims cannot
use “Allah” not only in their newspaper, but also in nearly all aspects
of their religious life, there were questions if the blanket ban could
override the Court of Appeal’s decision.

Legal observers have now called for Putrajaya’s immediate clarification on the matter.

SABAH AND SARAWAK DEMANDING THEIR RIGHTS UNDER THE 20 AND 18 POINT AGREEMENTS

Since the ruling, churches in Sabah and Sarawak have become more vocal
in pressing for their right to use the term that they say is entrenched
in the 20- and 18-point agreements with the two states, insisting they
will continue their age-old practice of referring to God as “Allah” in
their worship and in their holy scriptures.

Bumiputera
Christians are said to number around 1.6 million and have been using the
word “Allah” in the national language and their native tongues for
centuries for the practice of their religion.

Peninsular
Malaysia is also host to large pockets of Christians from Sabah and
Sarawak who have moved here in search of employment and formed local
communities in several states.

With them, they have brought
their style of worship and the Al-Kitab Malay-language bibles that also
contained the word “Allah”.

In 2011, the Cabinet decided on a
10-point solution allowing Christians in Sabah and Sarawak to keep using
the Al-Kitab, but it is unclear if that also meant they may do so when
they are in the peninsula.

Several ministers also said recently
that the 10-point solution issued by Putrajaya in 2011 — which allows
the printing, importation and distribution of the Al-Kitab, the Bahasa
Malaysia version of the Christian bible, containing the word “Allah” —
SHOULD STAND, despite the appellate court ruling.

Pengerang MP Azalina Othman, who accompanied Rosmah Mansor during a
women's summit in Qatar, which the prime minister’s wife had gone on in a
private jet, admitted that the invitation to attend the summit was
extended to Rosmah in her personal capacity and not to the government.

However, it is unclear whether Azalina had also travelled on the private jet alongside Rosmah.

"The invitation was not on a government basis but on a personal basis,"
Azalina admitted in Dewan Rakyat today while debating the Budget 2014
allocation for the Rural Development Ministry.

However, Azalina
said, it was Deputy Prime Minister Muhyiddin Yassin who chaired the
cabinet meeting that approved the use of the private jet for the trip
and not Rosmah's husband, Prime Minister Najib Abdul Razak.

"It
was not just her (Rosmah). There were also senior government officials,
media personnel and NGOs," Azalina said, also without specifying if the
other officials also boarded the jet.

Azalina went on to
defend the usage of the private jet by claiming that the event was a
success and that the opposition is trying to "deny the success of BN
politicians and their wives".

Fellow BN MP, Tanjong Karang's
Noh Omar also chipped in by saying that Malaysians should be proud
because "no other first lady in the region gets the prominence she
gets".

"She has brought a good name to the country," he said.

To this, PAS' Shah Alam MP Khalid Samad criticised the move, saying
that a "wrong decision can't be justified because cabinet made the
decision".

"If you want to go, you go on your personal expenses," Khalid said.

Later, in a separate press conference at the Parliament lobby,
Minister in the Prime Minister's Department Shahidan Kassim (right) said
that Rosmah was being treated "unfairly".

"During her trip, she may have attracted investors to the country. What has the critics done for the country?" he asked.

He said that all the criticisms levelled upon the government "would not bring investors to the country".

Meanwhile, Rompin MP Jamaluddin Jarjis said there was nothing wrong in
Rosmah representing Malaysia as she was invited officially by the Qatari
government.

"The rest of the world is the same, too. If a
president's wife is invited, they will also go. If it's for the good of
the country, why not?" Jamaluddin was quoted by Astro Awani as saying.

Jamaluddin, a former Malaysian ambassador to the United States, added
that Malaysians should be "proud" that the prime minister's wife was
getting such recognition from another country.

Monday, 4 November 2013

Mukhriz Mahathir, as MB of Kedah decided that HE WILL NOT GOVERN TO HELP THE CHINESE IN KEDAH.

In September 2013. Mukhriz Mahathir, despite being an MB of Kedah
publicly announced he would NOT entertain requests from Chinese schools
in the state, as he could NOT help those who did not support the BN in
the last general election.

As for the UMNO candidate for Sungei Limau by-election is COLLATERAL DAMAGE. WE SAY TO HIM, "NOTHING PERSONAL!!!"

As an UMNO candidate, he has put himself to pay for UMNO's sins against
the Chinese and other non Malays, and for the ANTI CHINESE remarks of
HIS UMNO leaders/Ministers such as Zahid Hamidi and Mukhriz Mahathir.

IT'S ABOUT TIME FOR ALL CHINESE VOTERS TO ANSWER, WITHOUT SAYING A WORD, UTUSAN MALAYSIA's QUESTION. "APA LAGI CINA MAU?"